New York
How eBay, Inc. v. Bidder's Edge, Inc. applies in New York: state-specific rules, key cases, and bar exam notes for Other.
New York law recognizes the importance of protecting proprietary online platforms through the doctrine of trespass to chattels, aligning with the principles established in eBay, Inc. v. Bidder's Edge, Inc. The state carefully balances the right to engage in competitive businesses with the need to protect intellectual property rights.
In New York, a plaintiff may establish a claim for trespass to chattels by demonstrating that the defendant used the plaintiff's online platform without authorization and caused harm or disruption.
The court found that Verio's unauthorized use of Register.com’s databases constituted a form of trespass to chattels, holding that domain name registrars can protect their databases against scraping and unauthorized access.
The court ruled that conversion can apply to tangible and intangible property, affirming that an Internet-based business has the right to protect its digital assets from misuse.
The court held that RMG's software program that circumvented Ticketmaster's security measures constituted a violation of the Computer Fraud and Abuse Act and New York's laws against trespass.
New York's approach mirrors the federal standard established in eBay v. Bidder's Edge regarding the protection of proprietary rights through anti-scraping measures. However, New York courts sometimes apply a more flexible standard regarding the degree of harm required to establish unauthorized access.
Issues related to online trespass and misuse of proprietary information are increasingly relevant in New York bar exams, particularly in questions addressing intellectual property and technology law.